Z. H.

SIKDER UNIVERSITY OF SCIENCE AND

TECHNOLOGY

ASSIGNMENT ON

JURISDICTION OF CIVIL COURT IN BANGLADESH

UNDER THE CODE OF CIVIL PROCEDURE,1908

COURSE CODE : LAW 232

COURSE TITLE : CODE OF CIVIL PROCEDURE ( PART I)

SUBMITTED BY

STUDENTS NAME : Imran Khan

STUDENTS ID : 140314007
BATCH : 8th
DEPARTMENT : LAW

SUBMITTED TO

SUPERVISOR : IFTI HOSSAIN IMRAN

DESIGNATION : LECTURER,DEPARTMENT OF LAW

SUBMISSION DATE: 12 December 2016

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 SYNOPSIS

Introduction

Different classes of Civil courts under gener hierarchy

Jurisdiction of supreme court

Jurisdiction of District Judge Court

Jurisdiction of Additional District Judge

Jurisdiction of Senior Assistant Judges court

Jurisdiction of Assistant Judge Court

Jurisdiction of the civil Courts

Pecuniary Jurisdiction

Jurisdiction of Subject-matter

Territorial Jurisdiction

Original Jurisdiction

Appellate jurisdiction

Reference jurisdiction

Revision jurisdiction

Review jurisdiction

Conclusion

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Introduction

The fundamental principle of English Law that wherever there is a right, there is
a remedy (Ubi Jus ibi remedimum) has bee adopted by the Indian legal system
also. In fact, right and remedy are but the two sides of the same coin and they
connote be separated from each other. Accordingly a litigant having a grievance
of a civil nature has a right to institute a civil suit in a competent civil court
unless its cognizance is either expressly or impliedly barred by any statute. A
suit for its maintainability requires no authority of law and it in enough that no
statute bars it.

The term Jurisdiction has not been defined in the code. The word (Jurisdiction)
is derived from Latin terms Juris and dicto which means I speak by the
law.Stated simply Jurisdiction means the power or authority of a court of law
to hear and determine a cause or a matter. It is the power to entertain, deal with
and decide a suit, as action, petition or other proceeding.
In official trustee V. Sachindra Nath: After referring to various decisions, the
supreme court observed: From the above discussion it is clear that before a
court can be held to have jurisdiction to try the suit brought but must also have
the authority to pass the orders sought for. It is no sufficient that it has some
jurisdiction in relation to the subject matter of the suit.

Different classes of Civil courts under general hierarchy

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Section 3 of the civil courts Act 1887 as amended by the civil courts
(Amendment) Act 2001 provides for following five classes of civil courts,
namely:
1. The court of the District Judge.
2. The court of Additional District Judge.
3. The court of Joint District Judge.
4. The court of the senior Assistant Judge.
5. The court of the Assistant Judge.
Every court mentioned above is a separate court and has jurisdiction assigned to
it by the civil courts Act or any other Law

Jurisdiction of supreme court

Section 4 of the code of civil procedure provides that the District court is
subordinate to the High court Division, and every civil court of a grade inferior
to that of a District court and every court of small causes in subordinate to the
High court Division and District court. This subordination of civil courts is
important for revisional jurisdiction of the District court and High court
Division, only then a revisional application will lie there. If, on the other hand,
it is not subordinate court, no revision will lie in the high court division

Jurisdiction of District Judge Court

The court which is next in the hierarchy down from the High court Division is
headed by a District Judge. The District Judge has been given rivisional power
by section 115 of the code of civil procedure in2003. And pecuniary jurisdiction
of taka five lacs valuation of the subject matter giving rise appeal or revision.

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Jurisdiction of Additional District Judge
The judicial functions of an Additional District judge in similar to that of a
District Judge. District Judge have been revisional power under section 115 of
the code of civil procedure.
Jurisdiction of Senior Assistant Judges court

This court has original Jurisdiction of a claim the value of which does not
exceed taka 4 lac. The District Judge may withdraw any proceeding under
section 23 of civil courts Act from a court below and may either dispose of them
or transfer to the senior assistant Judge court or any other court under its
Administrative control.

Jurisdiction of Assistant Judge Court

The Assistant Judge court are barred by the pecuniary Jurisdiction. The
Assistant Judge court may not take any suit of value taka one to two lac. And
Assistant judge court has original Jurisdiction because only they

Jurisdiction of the civil Courts

There are various types of jurisdiction of the civil courts in Bangladesh
namely---
(1) Pecuniary Jurisdiction
(2) Jurisdiction of subject matter
(3) Territorial Jurisdiction
(4) Original Jurisdiction
(5) Appellate Jurisdiction
(6) Review Jurisdiction
(7) Reference Jurisdiction
(8) Revision Jurisdiction

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1. Pecuniary Jurisdiction:
There had been an outcry to increase the pecuniary of the civil courts of
Bangladesh to lessen the sufferings of litigants in civil suits relating to baclog of
cases. Section 2 of the Act of 2016 has amended section 19 of the Act of 1887 to
the effect that the pecuniary Jurisdiction of the court of senior Assistant judge
has been increased from Tk. 2,00,000 Tk. 25 lac and the same. of the court of
Assistant judge has been increased from Tk 4,00,000 to Tk 25 lac.
2. Jurisdiction of Subject-matter

The civil court may taka every Suit of civil nature and the other cases which are
not specifically declared as criminal nature.

3. Territorial Jurisdiction:

Where the Subject matter of the civil Suit is an immovable property then in
which jurisdiction of district it as situated, the suit must be instituted in the
district court at the district
If the subject matter of the suit is movable property the suit may be instituted in
the following any district court of may district_
* Where the cause of action arise
* The residence of the defendant
* The residence of the plaintiff

4. Original Jurisdiction

The Assistant judge court the senior Assistant judge court, the joint District
judge court and the High court Division of supper court has original jurisdiction
become only they can taka a fresh suit.

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 6. Appellate jurisdiction

The Additional District judge court the District judge court, The High court
Division of supreme court and Appellate division of supreme court has appellate
jurisdiction, became they can taka appeal from their subordinate courts

7. Reference jurisdiction

Reference is excursive jurisdiction of the High court Division. It normally mean

referring to a care to the High court Division for it opinion and order.

8. Revision jurisdiction
Revision is a purely discretionary remedy granted by a higher court with a view
to correcting miscarriage of justice.

8. Review jurisdiction
Review means a judicial re-examination of a case in certain specified and
prescribed.

Conclusion
The rule by which the right of partier in a law suit are determined by a judger
application of relevant statutes on legal principles to the fact of the case the
have been found to be true by the jury. The final judgment or decree reordered
by a court bared upon the verdict reordered by the jury. The final judgment or
decree rendered by a court based upon the verdict rendered by the Jury.

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Book reference:

1. C.K. Takwani: Civil Procedure with Limitation Act, 1963, Ed. 7th;

2. Md. Abdul Halim: Text Book on Civil Procedure

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